Senate Amendment 4698

129HB153-SC4698/JF Sub. H.B. 153 As Pending in S. Finance LSC 129 1066-6 SC-4698

______moved to amend as follows:

In line 472, after "2921.41," insert "2925.03," 1

In line 506, after "3719.141," insert "3719.41," 2

Between lines 45635 and 45636, insert: 3

"Sec. 2925.03. (A) No person shall knowingly do any of the 4 following: 5

(1) Sell or offer to sell a controlled substance; 6

(2) Prepare for shipment, ship, transport, deliver, prepare 7 for distribution, or distribute a controlled substance, when the 8 offender knows or has reasonable cause to believe that the 9 controlled substance is intended for sale or resale by the 10 offender or another person. 11

(B) This section does not apply to any of the following: 12

(1) Manufacturers, licensed health professionals authorized 13 to prescribe drugs, pharmacists, owners of pharmacies, and other 14 persons whose conduct is in accordance with Chapters 3719., 4715., 15 4723., 4729., 4730., 4731., and 4741. of the Revised Code; 16

(2) If the offense involves an anabolic steroid, any person 17 who is conducting or participating in a research project involving 18 129HB153-SC4698 Page 2

19 the use of an anabolic steroid if the project has been approved by 20 the United States food and drug administration;

(3) Any person who sells, offers for sale, prescribes, 21 dispenses, or administers for livestock or other nonhuman species 22 an anabolic steroid that is expressly intended for administration 23 through implants to livestock or other nonhuman species and 24 approved for that purpose under the "Federal Food, Drug, and 25 Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 26 and is sold, offered for sale, prescribed, dispensed, or 27 administered for that purpose in accordance with that act. 28

(1) If the drug involved in the violation is any compound, 31 mixture, preparation, or substance included in schedule I or 32 schedule II, with the exception of marihuana, formaldehyde, 33 cocaine, L.S.D., heroin, and hashish, whoever violates division 34 (A) of this section is guilty of aggravated trafficking in drugs. 35 The penalty for the offense shall be determined as follows: 36

(a) Except as otherwise provided in division (C)(1)(b), (c), 37 (d), (e), or (f) of this section, aggravated trafficking in drugs 38 is a felony of the fourth degree, and division (C) of section 39 2929.13 of the Revised Code applies in determining whether to 40 impose a prison term on the offender. 41

(b) Except as otherwise provided in division (C)(1)(c), (d), 42 (e), or (f) of this section, if the offense was committed in the 43 vicinity of a school or in the vicinity of a juvenile, aggravated 44 trafficking in drugs is a felony of the third degree, and division 45 (C) of section 2929.13 of the Revised Code applies in determining 46 whether to impose a prison term on the offender. 47

49 amount of the drug involved equals or exceeds the bulk amount but 50 is less than five times the bulk amount, aggravated trafficking in 51 drugs is a felony of the third degree, and the court shall impose 52 as a mandatory prison term one of the prison terms prescribed for 53 a felony of the third degree. If the amount of the drug involved 54 is within that range and if the offense was committed in the 55 vicinity of a school or in the vicinity of a juvenile, aggravated 56 trafficking in drugs is a felony of the second degree, and the 57 court shall impose as a mandatory prison term one of the prison 58 terms prescribed for a felony of the second degree.

(d) Except as otherwise provided in this division, if the 59 amount of the drug involved equals or exceeds five times the bulk 60 amount but is less than fifty times the bulk amount, aggravated 61 trafficking in drugs is a felony of the second degree, and the 62 court shall impose as a mandatory prison term one of the prison 63 terms prescribed for a felony of the second degree. If the amount 64 of the drug involved is within that range and if the offense was 65 committed in the vicinity of a school or in the vicinity of a 66 juvenile, aggravated trafficking in drugs is a felony of the first 67 degree, and the court shall impose as a mandatory prison term one 68 of the prison terms prescribed for a felony of the first degree. 69

(e) If the amount of the drug involved equals or exceeds 70 fifty times the bulk amount but is less than one hundred times the 71 bulk amount and regardless of whether the offense was committed in 72 the vicinity of a school or in the vicinity of a juvenile, 73 aggravated trafficking in drugs is a felony of the first degree, 74 and the court shall impose as a mandatory prison term one of the 75 prison terms prescribed for a felony of the first degree. 76

(f) If the amount of the drug involved equals or exceeds one 77 hundred times the bulk amount and regardless of whether the 78 offense was committed in the vicinity of a school or in the 79 129HB153-SC4698 Page 4

80 vicinity of a juvenile, aggravated trafficking in drugs is a 81 felony of the first degree, the offender is a major drug offender, 82 and the court shall impose as a mandatory prison term the maximum 83 prison term prescribed for a felony of the first degree and may 84 impose an additional prison term prescribed for a major drug 85 offender under division (D)(3)(b) of section 2929.14 of the 86 Revised Code.

(2) If the drug involved in the violation is any compound, 87 mixture, preparation, or substance included in schedule III, IV, 88 or V, whoever violates division (A) of this section is guilty of 89 trafficking in drugs. The penalty for the offense shall be 90 determined as follows: 91

(a) Except as otherwise provided in division (C)(2)(b), (c), 92 (d), or (e) of this section, trafficking in drugs is a felony of 93 the fifth degree, and division (C) of section 2929.13 of the 94 Revised Code applies in determining whether to impose a prison 95 term on the offender. 96

(b) Except as otherwise provided in division (C)(2)(c), (d), 97 or (e) of this section, if the offense was committed in the 98 vicinity of a school or in the vicinity of a juvenile, trafficking 99 in drugs is a felony of the fourth degree, and division (C) of 100 section 2929.13 of the Revised Code applies in determining whether 101 to impose a prison term on the offender. 102

(c) Except as otherwise provided in this division, if the 103 amount of the drug involved equals or exceeds the bulk amount but 104 is less than five times the bulk amount, trafficking in drugs is a 105 felony of the fourth degree, and there is a presumption for a 106 prison term for the offense. If the amount of the drug involved is 107 within that range and if the offense was committed in the vicinity 108 of a school or in the vicinity of a juvenile, trafficking in drugs 109 is a felony of the third degree, and there is a presumption for a 110 129HB153-SC4698 Page 5

111 prison term for the offense.

(d) Except as otherwise provided in this division, if the 112 amount of the drug involved equals or exceeds five times the bulk 113 amount but is less than fifty times the bulk amount, trafficking 114 in drugs is a felony of the third degree, and there is a 115 presumption for a prison term for the offense. If the amount of 116 the drug involved is within that range and if the offense was 117 committed in the vicinity of a school or in the vicinity of a 118 juvenile, trafficking in drugs is a felony of the second degree, 119 and there is a presumption for a prison term for the offense. 120

(e) Except as otherwise provided in this division, if the 121 amount of the drug involved equals or exceeds fifty times the bulk 122 amount, trafficking in drugs is a felony of the second degree, and 123 the court shall impose as a mandatory prison term one of the 124 prison terms prescribed for a felony of the second degree. If the 125 amount of the drug involved equals or exceeds fifty times the bulk 126 amount and if the offense was committed in the vicinity of a 127 school or in the vicinity of a juvenile, trafficking in drugs is a 128 felony of the first degree, and the court shall impose as a 129 mandatory prison term one of the prison terms prescribed for a 130 felony of the first degree. 131

(3) If the drug involved in the violation is marihuana or a 132 compound, mixture, preparation, or substance containing marihuana 133 other than hashish, whoever violates division (A) of this section 134 is guilty of trafficking in marihuana. The penalty for the offense 135 shall be determined as follows: 136

(a) Except as otherwise provided in division (C)(3)(b), (c), 137 (d), (e), (f), or (g) of this section, trafficking in marihuana is 138 a felony of the fifth degree, and division (C) of section 2929.13 139 of the Revised Code applies in determining whether to impose a 140 prison term on the offender. 141 129HB153-SC4698 Page 6

(b) Except as otherwise provided in division (C)(3)(c), (d), 142 (e), (f), or (g) of this section, if the offense was committed in 143 the vicinity of a school or in the vicinity of a juvenile, 144 trafficking in marihuana is a felony of the fourth degree, and 145 division (C) of section 2929.13 of the Revised Code applies in 146 determining whether to impose a prison term on the offender. 147

(c) Except as otherwise provided in this division, if the 148 amount of the drug involved equals or exceeds two hundred grams 149 but is less than one thousand grams, trafficking in marihuana is a 150 felony of the fourth degree, and division (C) of section 2929.13 151 of the Revised Code applies in determining whether to impose a 152 prison term on the offender. If the amount of the drug involved is 153 within that range and if the offense was committed in the vicinity 154 of a school or in the vicinity of a juvenile, trafficking in 155 marihuana is a felony of the third degree, and division (C) of 156 section 2929.13 of the Revised Code applies in determining whether 157 to impose a prison term on the offender. 158

(d) Except as otherwise provided in this division, if the 159 amount of the drug involved equals or exceeds one thousand grams 160 but is less than five thousand grams, trafficking in marihuana is 161 a felony of the third degree, and division (C) of section 2929.13 162 of the Revised Code applies in determining whether to impose a 163 prison term on the offender. If the amount of the drug involved is 164 within that range and if the offense was committed in the vicinity 165 of a school or in the vicinity of a juvenile, trafficking in 166 marihuana is a felony of the second degree, and there is a 167 presumption that a prison term shall be imposed for the offense. 168

(e) Except as otherwise provided in this division, if the 169 amount of the drug involved equals or exceeds five thousand grams 170 but is less than twenty thousand grams, trafficking in marihuana 171 is a felony of the third degree, and there is a presumption that a 172 129HB153-SC4698 Page 7

173 prison term shall be imposed for the offense. If the amount of the 174 drug involved is within that range and if the offense was 175 committed in the vicinity of a school or in the vicinity of a 176 juvenile, trafficking in marihuana is a felony of the second 177 degree, and there is a presumption that a prison term shall be 178 imposed for the offense.

(f) Except as otherwise provided in this division, if the 179 amount of the drug involved equals or exceeds twenty thousand 180 grams, trafficking in marihuana is a felony of the second degree, 181 and the court shall impose as a mandatory prison term the maximum 182 prison term prescribed for a felony of the second degree. If the 183 amount of the drug involved equals or exceeds twenty thousand 184 grams and if the offense was committed in the vicinity of a school 185 or in the vicinity of a juvenile, trafficking in marihuana is a 186 felony of the first degree, and the court shall impose as a 187 mandatory prison term the maximum prison term prescribed for a 188 felony of the first degree. 189

(g) Except as otherwise provided in this division, if the 190 offense involves a gift of twenty grams or less of marihuana, 191 trafficking in marihuana is a minor misdemeanor upon a first 192 offense and a misdemeanor of the third degree upon a subsequent 193 offense. If the offense involves a gift of twenty grams or less of 194 marihuana and if the offense was committed in the vicinity of a 195 school or in the vicinity of a juvenile, trafficking in marihuana 196 is a misdemeanor of the third degree. 197

(4) If the drug involved in the violation is cocaine or a 198 compound, mixture, preparation, or substance containing cocaine, 199 whoever violates division (A) of this section is guilty of 200 trafficking in cocaine. The penalty for the offense shall be 201 determined as follows: 202

(a) Except as otherwise provided in division (C)(4)(b), (c), 203 129HB153-SC4698 Page 8

204 (d), (e), (f), or (g) of this section, trafficking in cocaine is a 205 felony of the fifth degree, and division (C) of section 2929.13 of 206 the Revised Code applies in determining whether to impose a prison 207 term on the offender.

(b) Except as otherwise provided in division (C)(4)(c), (d), 208 (e), (f), or (g) of this section, if the offense was committed in 209 the vicinity of a school or in the vicinity of a juvenile, 210 trafficking in cocaine is a felony of the fourth degree, and 211 division (C) of section 2929.13 of the Revised Code applies in 212 determining whether to impose a prison term on the offender. 213

(c) Except as otherwise provided in this division, if the 214 amount of the drug involved equals or exceeds five grams but is 215 less than ten grams of cocaine that is not crack cocaine or equals 216 or exceeds one gram but is less than five grams of crack cocaine, 217 trafficking in cocaine is a felony of the fourth degree, and there 218 is a presumption for a prison term for the offense. If the amount 219 of the drug involved is within one of those ranges and if the 220 offense was committed in the vicinity of a school or in the 221 vicinity of a juvenile, trafficking in cocaine is a felony of the 222 third degree, and there is a presumption for a prison term for the 223 offense. 224

(d) Except as otherwise provided in this division, if the 225 amount of the drug involved equals or exceeds ten grams but is 226 less than one hundred grams of cocaine that is not crack cocaine 227 or equals or exceeds five grams but is less than ten grams of 228 crack cocaine, trafficking in cocaine is a felony of the third 229 degree, and the court shall impose as a mandatory prison term one 230 of the prison terms prescribed for a felony of the third degree. 231 If the amount of the drug involved is within one of those ranges 232 and if the offense was committed in the vicinity of a school or in 233 the vicinity of a juvenile, trafficking in cocaine is a felony of 234 129HB153-SC4698 Page 9

235 the second degree, and the court shall impose as a mandatory 236 prison term one of the prison terms prescribed for a felony of the 237 second degree.

(e) Except as otherwise provided in this division, if the 238 amount of the drug involved equals or exceeds one hundred grams 239 but is less than five hundred grams of cocaine that is not crack 240 cocaine or equals or exceeds ten grams but is less than 241 twenty-five grams of crack cocaine, trafficking in cocaine is a 242 felony of the second degree, and the court shall impose as a 243 mandatory prison term one of the prison terms prescribed for a 244 felony of the second degree. If the amount of the drug involved is 245 within one of those ranges and if the offense was committed in the 246 vicinity of a school or in the vicinity of a juvenile, trafficking 247 in cocaine is a felony of the first degree, and the court shall 248 impose as a mandatory prison term one of the prison terms 249 prescribed for a felony of the first degree. 250

(f) If the amount of the drug involved equals or exceeds five 251 hundred grams but is less than one thousand grams of cocaine that 252 is not crack cocaine or equals or exceeds twenty-five grams but is 253 less than one hundred grams of crack cocaine and regardless of 254 whether the offense was committed in the vicinity of a school or 255 in the vicinity of a juvenile, trafficking in cocaine is a felony 256 of the first degree, and the court shall impose as a mandatory 257 prison term one of the prison terms prescribed for a felony of the 258 first degree. 259

(g) If the amount of the drug involved equals or exceeds one 260 thousand grams of cocaine that is not crack cocaine or equals or 261 exceeds one hundred grams of crack cocaine and regardless of 262 whether the offense was committed in the vicinity of a school or 263 in the vicinity of a juvenile, trafficking in cocaine is a felony 264 of the first degree, the offender is a major drug offender, and 265 129HB153-SC4698 Page 10

266 the court shall impose as a mandatory prison term the maximum 267 prison term prescribed for a felony of the first degree and may 268 impose an additional mandatory prison term prescribed for a major 269 drug offender under division (D)(3)(b) of section 2929.14 of the 270 Revised Code.

(5) If the drug involved in the violation is L.S.D. or a 271 compound, mixture, preparation, or substance containing L.S.D., 272 whoever violates division (A) of this section is guilty of 273 trafficking in L.S.D. The penalty for the offense shall be 274 determined as follows: 275

(a) Except as otherwise provided in division (C)(5)(b), (c), 276 (d), (e), (f), or (g) of this section, trafficking in L.S.D. is a 277 felony of the fifth degree, and division (C) of section 2929.13 of 278 the Revised Code applies in determining whether to impose a prison 279 term on the offender. 280

(b) Except as otherwise provided in division (C)(5)(c), (d), 281 (e), (f), or (g) of this section, if the offense was committed in 282 the vicinity of a school or in the vicinity of a juvenile, 283 trafficking in L.S.D. is a felony of the fourth degree, and 284 division (C) of section 2929.13 of the Revised Code applies in 285 determining whether to impose a prison term on the offender. 286

(c) Except as otherwise provided in this division, if the 287 amount of the drug involved equals or exceeds ten unit doses but 288 is less than fifty unit doses of L.S.D. in a solid form or equals 289 or exceeds one gram but is less than five grams of L.S.D. in a 290 liquid concentrate, liquid extract, or liquid distillate form, 291 trafficking in L.S.D. is a felony of the fourth degree, and there 292 is a presumption for a prison term for the offense. If the amount 293 of the drug involved is within that range and if the offense was 294 committed in the vicinity of a school or in the vicinity of a 295 juvenile, trafficking in L.S.D. is a felony of the third degree, 296 129HB153-SC4698 Page 11

297 and there is a presumption for a prison term for the offense.

(d) Except as otherwise provided in this division, if the 298 amount of the drug involved equals or exceeds fifty unit doses but 299 is less than two hundred fifty unit doses of L.S.D. in a solid 300 form or equals or exceeds five grams but is less than twenty-five 301 grams of L.S.D. in a liquid concentrate, liquid extract, or liquid 302 distillate form, trafficking in L.S.D. is a felony of the third 303 degree, and the court shall impose as a mandatory prison term one 304 of the prison terms prescribed for a felony of the third degree. 305 If the amount of the drug involved is within that range and if the 306 offense was committed in the vicinity of a school or in the 307 vicinity of a juvenile, trafficking in L.S.D. is a felony of the 308 second degree, and the court shall impose as a mandatory prison 309 term one of the prison terms prescribed for a felony of the second 310 degree. 311

(e) Except as otherwise provided in this division, if the 312 amount of the drug involved equals or exceeds two hundred fifty 313 unit doses but is less than one thousand unit doses of L.S.D. in a 314 solid form or equals or exceeds twenty-five grams but is less than 315 one hundred grams of L.S.D. in a liquid concentrate, liquid 316 extract, or liquid distillate form, trafficking in L.S.D. is a 317 felony of the second degree, and the court shall impose as a 318 mandatory prison term one of the prison terms prescribed for a 319 felony of the second degree. If the amount of the drug involved is 320 within that range and if the offense was committed in the vicinity 321 of a school or in the vicinity of a juvenile, trafficking in 322 L.S.D. is a felony of the first degree, and the court shall impose 323 as a mandatory prison term one of the prison terms prescribed for 324 a felony of the first degree. 325

(f) If the amount of the drug involved equals or exceeds one 326 thousand unit doses but is less than five thousand unit doses of 327 129HB153-SC4698 Page 12

328 L.S.D. in a solid form or equals or exceeds one hundred grams but 329 is less than five hundred grams of L.S.D. in a liquid concentrate, 330 liquid extract, or liquid distillate form and regardless of 331 whether the offense was committed in the vicinity of a school or 332 in the vicinity of a juvenile, trafficking in L.S.D. is a felony 333 of the first degree, and the court shall impose as a mandatory 334 prison term one of the prison terms prescribed for a felony of the 335 first degree.

(g) If the amount of the drug involved equals or exceeds five 336 thousand unit doses of L.S.D. in a solid form or equals or exceeds 337 five hundred grams of L.S.D. in a liquid concentrate, liquid 338 extract, or liquid distillate form and regardless of whether the 339 offense was committed in the vicinity of a school or in the 340 vicinity of a juvenile, trafficking in L.S.D. is a felony of the 341 first degree, the offender is a major drug offender, and the court 342 shall impose as a mandatory prison term the maximum prison term 343 prescribed for a felony of the first degree and may impose an 344 additional mandatory prison term prescribed for a major drug 345 offender under division (D)(3)(b) of section 2929.14 of the 346 Revised Code. 347

(6) If the drug involved in the violation is heroin or a 348 compound, mixture, preparation, or substance containing heroin, 349 whoever violates division (A) of this section is guilty of 350 trafficking in heroin. The penalty for the offense shall be 351 determined as follows: 352

(a) Except as otherwise provided in division (C)(6)(b), (c), 353 (d), (e), (f), or (g) of this section, trafficking in heroin is a 354 felony of the fifth degree, and division (C) of section 2929.13 of 355 the Revised Code applies in determining whether to impose a prison 356 term on the offender. 357

(b) Except as otherwise provided in division (C)(6)(c), (d), 358 129HB153-SC4698 Page 13

359 (e), (f), or (g) of this section, if the offense was committed in 360 the vicinity of a school or in the vicinity of a juvenile, 361 trafficking in heroin is a felony of the fourth degree, and 362 division (C) of section 2929.13 of the Revised Code applies in 363 determining whether to impose a prison term on the offender.

(c) Except as otherwise provided in this division, if the 364 amount of the drug involved equals or exceeds ten unit doses but 365 is less than fifty unit doses or equals or exceeds one gram but is 366 less than five grams, trafficking in heroin is a felony of the 367 fourth degree, and there is a presumption for a prison term for 368 the offense. If the amount of the drug involved is within that 369 range and if the offense was committed in the vicinity of a school 370 or in the vicinity of a juvenile, trafficking in heroin is a 371 felony of the third degree, and there is a presumption for a 372 prison term for the offense. 373

(d) Except as otherwise provided in this division, if the 374 amount of the drug involved equals or exceeds fifty unit doses but 375 is less than one hundred unit doses or equals or exceeds five 376 grams but is less than ten grams, trafficking in heroin is a 377 felony of the third degree, and there is a presumption for a 378 prison term for the offense. If the amount of the drug involved is 379 within that range and if the offense was committed in the vicinity 380 of a school or in the vicinity of a juvenile, trafficking in 381 heroin is a felony of the second degree, and there is a 382 presumption for a prison term for the offense. 383

(e) Except as otherwise provided in this division, if the 384 amount of the drug involved equals or exceeds one hundred unit 385 doses but is less than five hundred unit doses or equals or 386 exceeds ten grams but is less than fifty grams, trafficking in 387 heroin is a felony of the second degree, and the court shall 388 impose as a mandatory prison term one of the prison terms 389 129HB153-SC4698 Page 14

390 prescribed for a felony of the second degree. If the amount of the 391 drug involved is within that range and if the offense was 392 committed in the vicinity of a school or in the vicinity of a 393 juvenile, trafficking in heroin is a felony of the first degree, 394 and the court shall impose as a mandatory prison term one of the 395 prison terms prescribed for a felony of the first degree.

(f) If the amount of the drug involved equals or exceeds five 396 hundred unit doses but is less than two thousand five hundred unit 397 doses or equals or exceeds fifty grams but is less than two 398 hundred fifty grams and regardless of whether the offense was 399 committed in the vicinity of a school or in the vicinity of a 400 juvenile, trafficking in heroin is a felony of the first degree, 401 and the court shall impose as a mandatory prison term one of the 402 prison terms prescribed for a felony of the first degree. 403

(g) If the amount of the drug involved equals or exceeds two 404 thousand five hundred unit doses or equals or exceeds two hundred 405 fifty grams and regardless of whether the offense was committed in 406 the vicinity of a school or in the vicinity of a juvenile, 407 trafficking in heroin is a felony of the first degree, the 408 offender is a major drug offender, and the court shall impose as a 409 mandatory prison term the maximum prison term prescribed for a 410 felony of the first degree and may impose an additional mandatory 411 prison term prescribed for a major drug offender under division 412 (D)(3)(b) of section 2929.14 of the Revised Code. 413

(7) If the drug involved in the violation is hashish or a 414 compound, mixture, preparation, or substance containing hashish, 415 whoever violates division (A) of this section is guilty of 416 trafficking in hashish. The penalty for the offense shall be 417 determined as follows: 418

(a) Except as otherwise provided in division (C)(7)(b), (c), 419 (d), (e), or (f) of this section, trafficking in hashish is a 420 129HB153-SC4698 Page 15

421 felony of the fifth degree, and division (C) of section 2929.13 of 422 the Revised Code applies in determining whether to impose a prison 423 term on the offender.

(b) Except as otherwise provided in division (C)(7)(c), (d), 424 (e), or (f) of this section, if the offense was committed in the 425 vicinity of a school or in the vicinity of a juvenile, trafficking 426 in hashish is a felony of the fourth degree, and division (C) of 427 section 2929.13 of the Revised Code applies in determining whether 428 to impose a prison term on the offender. 429

(c) Except as otherwise provided in this division, if the 430 amount of the drug involved equals or exceeds ten grams but is 431 less than fifty grams of hashish in a solid form or equals or 432 exceeds two grams but is less than ten grams of hashish in a 433 liquid concentrate, liquid extract, or liquid distillate form, 434 trafficking in hashish is a felony of the fourth degree, and 435 division (C) of section 2929.13 of the Revised Code applies in 436 determining whether to impose a prison term on the offender. If 437 the amount of the drug involved is within that range and if the 438 offense was committed in the vicinity of a school or in the 439 vicinity of a juvenile, trafficking in hashish is a felony of the 440 third degree, and division (C) of section 2929.13 of the Revised 441 Code applies in determining whether to impose a prison term on the 442 offender. 443

(d) Except as otherwise provided in this division, if the 444 amount of the drug involved equals or exceeds fifty grams but is 445 less than two hundred fifty grams of hashish in a solid form or 446 equals or exceeds ten grams but is less than fifty grams of 447 hashish in a liquid concentrate, liquid extract, or liquid 448 distillate form, trafficking in hashish is a felony of the third 449 degree, and division (C) of section 2929.13 of the Revised Code 450 applies in determining whether to impose a prison term on the 451 129HB153-SC4698 Page 16

452 offender. If the amount of the drug involved is within that range 453 and if the offense was committed in the vicinity of a school or in 454 the vicinity of a juvenile, trafficking in hashish is a felony of 455 the second degree, and there is a presumption that a prison term 456 shall be imposed for the offense.

(e) Except as otherwise provided in this division, if the 457 amount of the drug involved equals or exceeds two hundred fifty 458 grams but is less than one thousand grams of hashish in a solid 459 form or equals or exceeds fifty grams but is less than two hundred 460 grams of hashish in a liquid concentrate, liquid extract, or 461 liquid distillate form, trafficking in hashish is a felony of the 462 third degree, and there is a presumption that a prison term shall 463 be imposed for the offense. If the amount of the drug involved is 464 within that range and if the offense was committed in the vicinity 465 of a school or in the vicinity of a juvenile, trafficking in 466 hashish is a felony of the second degree, and there is a 467 presumption that a prison term shall be imposed for the offense. 468

(f) Except as otherwise provided in this division, if the 469 amount of the drug involved equals or exceeds one thousand grams 470 of hashish in a solid form or equals or exceeds two hundred grams 471 of hashish in a liquid concentrate, liquid extract, or liquid 472 distillate form, trafficking in hashish is a felony of the second 473 degree, and the court shall impose as a mandatory prison term the 474 maximum prison term prescribed for a felony of the second degree. 475 If the amount of the drug involved is within that range and if the 476 offense was committed in the vicinity of a school or in the 477 vicinity of a juvenile, trafficking in hashish is a felony of the 478 first degree, and the court shall impose as a mandatory prison 479 term the maximum prison term prescribed for a felony of the first 480 degree. 481

(8) If the drug involved in the violation is formaldehyde, 482 129HB153-SC4698 Page 17

483 whoever violates division (A) of this section is guilty of 484 trafficking in formaldehyde. The penalty for the offense shall be 485 determined as follows:

(a) Except as otherwise provided in this division, if the 486 amount of the drug involved is more than twenty grams of 487 formaldehyde, in liquid concentrate, liquid extract, or liquid 488 distillate form, trafficking in formaldehyde is a felony of the 489 fourth degree, and division (C) of section 2929.13 of the Revised 490 Code applies in determining whether to impose a prison term on the 491 offender. If the offense was committed in the vicinity of a school 492 or in the vicinity of a juvenile, trafficking in formaldehyde is a 493 felony of the third degree, and division (C) of section 2929.13 of 494 the Revised Code applies in determining whether to impose a prison 495 term on the offender. 496

(b) If the amount of the drug involved is twenty grams or 497 less of formaldehyde, in liquid concentrate, liquid extract, or 498 liquid distillate form, trafficking in formaldehyde is a minor 499 misdemeanor on the first offense and a misdemeanor of the third 500 degree upon a subsequent offense. 501

(D) In addition to any prison term authorized or required by 502 division (C) of this section and sections 2929.13 and 2929.14 of 503 the Revised Code, and in addition to any other sanction imposed 504 for the offense under this section or sections 2929.11 to 2929.18 505 of the Revised Code, the court that sentences an offender who is 506 convicted of or pleads guilty to a violation of division (A) of 507 this section shall do all of the following that are applicable 508 regarding the offender: 509

(1) If the violation of division (A) of this section is a 510 felony of the first, second, or third degree, the court shall 511 impose upon the offender the mandatory fine specified for the 512 offense under division (B)(1) of section 2929.18 of the Revised 513 129HB153-SC4698 Page 18

514 Code unless, as specified in that division, the court determines 515 that the offender is indigent. Except as otherwise provided in 516 division (H)(1) of this section, a mandatory fine or any other 517 fine imposed for a violation of this section is subject to 518 division (F) of this section. If a person is charged with a 519 violation of this section that is a felony of the first, second, 520 or third degree, posts bail, and forfeits the bail, the clerk of 521 the court shall pay the forfeited bail pursuant to divisions 522 (D)(1) and (F) of this section, as if the forfeited bail was a 523 fine imposed for a violation of this section. If any amount of the 524 forfeited bail remains after that payment and if a fine is imposed 525 under division (H)(1) of this section, the clerk of the court 526 shall pay the remaining amount of the forfeited bail pursuant to 527 divisions (H)(2) and (3) of this section, as if that remaining 528 amount was a fine imposed under division (H)(1) of this section.

(2) The court shall suspend the driver's or commercial 529 driver's license or permit of the offender in accordance with 530 division (G) of this section. 531

(3) If the offender is a professionally licensed person, the 532 court immediately shall comply with section 2925.38 of the Revised 533 Code. 534

(E) When a person is charged with the sale of or offer to 535 sell a bulk amount or a multiple of a bulk amount of a controlled 536 substance, the jury, or the court trying the accused, shall 537 determine the amount of the controlled substance involved at the 538 time of the offense and, if a guilty verdict is returned, shall 539 return the findings as part of the verdict. In any such case, it 540 is unnecessary to find and return the exact amount of the 541 controlled substance involved, and it is sufficient if the finding 542 and return is to the effect that the amount of the controlled 543 substance involved is the requisite amount, or that the amount of 544 129HB153-SC4698 Page 19

545 the controlled substance involved is less than the requisite 546 amount.

(F)(1) Notwithstanding any contrary provision of section 547 3719.21 of the Revised Code and except as provided in division (H) 548 of this section, the clerk of the court shall pay any mandatory 549 fine imposed pursuant to division (D)(1) of this section and any 550 fine other than a mandatory fine that is imposed for a violation 551 of this section pursuant to division (A) or (B)(5) of section 552 2929.18 of the Revised Code to the county, township, municipal 553 corporation, park district, as created pursuant to section 511.18 554 or 1545.04 of the Revised Code, or state law enforcement agencies 555 in this state that primarily were responsible for or involved in 556 making the arrest of, and in prosecuting, the offender. However, 557 the clerk shall not pay a mandatory fine so imposed to a law 558 enforcement agency unless the agency has adopted a written 559 internal control policy under division (F)(2) of this section that 560 addresses the use of the fine moneys that it receives. Each agency 561 shall use the mandatory fines so paid to subsidize the agency's 562 law enforcement efforts that pertain to drug offenses, in 563 accordance with the written internal control policy adopted by the 564 recipient agency under division (F)(2) of this section. 565

(2)(a) Prior to receiving any fine moneys under division 566 (F)(1) of this section or division (B) of section 2925.42 of the 567 Revised Code, a law enforcement agency shall adopt a written 568 internal control policy that addresses the agency's use and 569 disposition of all fine moneys so received and that provides for 570 the keeping of detailed financial records of the receipts of those 571 fine moneys, the general types of expenditures made out of those 572 fine moneys, and the specific amount of each general type of 573 expenditure. The policy shall not provide for or permit the 574 identification of any specific expenditure that is made in an 575 129HB153-SC4698 Page 20

576 ongoing investigation. All financial records of the receipts of 577 those fine moneys, the general types of expenditures made out of 578 those fine moneys, and the specific amount of each general type of 579 expenditure by an agency are public records open for inspection 580 under section 149.43 of the Revised Code. Additionally, a written 581 internal control policy adopted under this division is such a 582 public record, and the agency that adopted it shall comply with 583 it.

(b) Each law enforcement agency that receives in any calendar 584 year any fine moneys under division (F)(1) of this section or 585 division (B) of section 2925.42 of the Revised Code shall prepare 586 a report covering the calendar year that cumulates all of the 587 information contained in all of the public financial records kept 588 by the agency pursuant to division (F)(2)(a) of this section for 589 that calendar year, and shall send a copy of the cumulative 590 report, no later than the first day of March in the calendar year 591 following the calendar year covered by the report, to the attorney 592 general. Each report received by the attorney general is a public 593 record open for inspection under section 149.43 of the Revised 594 Code. Not later than the fifteenth day of April in the calendar 595 year in which the reports are received, the attorney general shall 596 send to the president of the senate and the speaker of the house 597 of representatives a written notification that does all of the 598 following: 599

(i) Indicates that the attorney general has received from law 600 enforcement agencies reports of the type described in this 601 division that cover the previous calendar year and indicates that 602 the reports were received under this division; 603

(ii) Indicates that the reports are open for inspection under 604 section 149.43 of the Revised Code; 605

(iii) Indicates that the attorney general will provide a copy 606 129HB153-SC4698 Page 21

607 of any or all of the reports to the president of the senate or the 608 speaker of the house of representatives upon request.

(3) As used in division (F) of this section: 609

(a) "Law enforcement agencies" includes, but is not limited 610 to, the state board of pharmacy and the office of a prosecutor. 611

(b) "Prosecutor" has the same meaning as in section 2935.01 612 of the Revised Code. 613

(G) When required under division (D)(2) of this section or 614 any other provision of this chapter, the court shall suspend for 615 not less than six months or more than five years the driver's or 616 commercial driver's license or permit of any person who is 617 convicted of or pleads guilty to any violation of this section or 618 any other specified provision of this chapter. If an offender's 619 driver's or commercial driver's license or permit is suspended 620 pursuant to this division, the offender, at any time after the 621 expiration of two years from the day on which the offender's 622 sentence was imposed or from the day on which the offender finally 623 was released from a prison term under the sentence, whichever is 624 later, may file a motion with the sentencing court requesting 625 termination of the suspension; upon the filing of such a motion 626 and the court's finding of good cause for the termination, the 627 court may terminate the suspension. 628

(H)(1) In addition to any prison term authorized or required 629 by division (C) of this section and sections 2929.13 and 2929.14 630 of the Revised Code, in addition to any other penalty or sanction 631 imposed for the offense under this section or sections 2929.11 to 632 2929.18 of the Revised Code, and in addition to the forfeiture of 633 property in connection with the offense as prescribed in Chapter 634 2981. of the Revised Code, the court that sentences an offender 635 who is convicted of or pleads guilty to a violation of division 636 (A) of this section may impose upon the offender an additional 637 129HB153-SC4698 Page 22

638 fine specified for the offense in division (B)(4) of section 639 2929.18 of the Revised Code. A fine imposed under division (H)(1) 640 of this section is not subject to division (F) of this section and 641 shall be used solely for the support of one or more eligible 642 alcohol and drug addiction programs in accordance with divisions 643 (H)(2) and (3) of this section.

(2) The court that imposes a fine under division (H)(1) of 644 this section shall specify in the judgment that imposes the fine 645 one or more eligible alcohol and drug addiction programs for the 646 support of which the fine money is to be used. No alcohol and drug 647 addiction program shall receive or use money paid or collected in 648 satisfaction of a fine imposed under division (H)(1) of this 649 section unless the program is specified in the judgment that 650 imposes the fine. No alcohol and drug addiction program shall be 651 specified in the judgment unless the program is an eligible 652 alcohol and drug addiction program and, except as otherwise 653 provided in division (H)(2) of this section, unless the program is 654 located in the county in which the court that imposes the fine is 655 located or in a county that is immediately contiguous to the 656 county in which that court is located. If no eligible alcohol and 657 drug addiction program is located in any of those counties, the 658 judgment may specify an eligible alcohol and drug addiction 659 program that is located anywhere within this state. 660

(3) Notwithstanding any contrary provision of section 3719.21 661 of the Revised Code, the clerk of the court shall pay any fine 662 imposed under division (H)(1) of this section to the eligible 663 alcohol and drug addiction program specified pursuant to division 664 (H)(2) of this section in the judgment. The eligible alcohol and 665 drug addiction program that receives the fine moneys shall use the 666 moneys only for the alcohol and drug addiction services identified 667 in the application for certification under section 3793.06 of the 668 129HB153-SC4698 Page 23

669 Revised Code or in the application for a license under section 670 3793.11 of the Revised Code filed with the department of alcohol 671 and drug addiction services by the alcohol and drug addiction 672 program specified in the judgment.

(4) Each alcohol and drug addiction program that receives in 673 a calendar year any fine moneys under division (H)(3) of this 674 section shall file an annual report covering that calendar year 675 with the court of common pleas and the board of county 676 commissioners of the county in which the program is located, with 677 the court of common pleas and the board of county commissioners of 678 each county from which the program received the moneys if that 679 county is different from the county in which the program is 680 located, and with the attorney general. The alcohol and drug 681 addiction program shall file the report no later than the first 682 day of March in the calendar year following the calendar year in 683 which the program received the fine moneys. The report shall 684 include statistics on the number of persons served by the alcohol 685 and drug addiction program, identify the types of alcohol and drug 686 addiction services provided to those persons, and include a 687 specific accounting of the purposes for which the fine moneys 688 received were used. No information contained in the report shall 689 identify, or enable a person to determine the identity of, any 690 person served by the alcohol and drug addiction program. Each 691 report received by a court of common pleas, a board of county 692 commissioners, or the attorney general is a public record open for 693 inspection under section 149.43 of the Revised Code. 694

(5) As used in divisions (H)(1) to (5) of this section: 695

(a) "Alcohol and drug addiction program" and "alcohol and 696 drug addiction services" have the same meanings as in section 697 3793.01 of the Revised Code. 698

(b) "Eligible alcohol and drug addiction program" means an 699 129HB153-SC4698 Page 24

700 alcohol and drug addiction program that is certified under section 701 3793.06 of the Revised Code or licensed under section 3793.11 of 702 the Revised Code by the department of alcohol and drug addiction 703 services.

(I) As used in this section, "drug" includes any substance 704 that is represented to be a drug." 705

Between lines 70720 and 70721, insert: 706

"Sec. 3719.41. Controlled substance schedules I, II, III, IV, 707 and V are hereby established, which schedules include the 708 following, subject to amendment pursuant to section 3719.43 or 709 3719.44 of the Revised Code. 710 SCHEDULE I 711

(A) Narcotics-opiates 712

Any of the following opiates, including their isomers, 713 esters, ethers, salts, and salts of isomers, esters, and ethers, 714 unless specifically excepted under federal drug abuse control 715 laws, whenever the existence of these isomers, esters, ethers, and 716 salts is possible within the specific chemical designation: 717

(1) Acetyl-alpha-methylfentanyl 718 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); 719

(2) Acetylmethadol; 720

(3) Allylprodine; 721

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also 722 known as levo-alpha-acetylmethadol, levomethadyl acetate, or 723 LAAM); 724

(5) Alphameprodine; 725

(6) Alphamethadol; 726

(7) Alpha-methylfentanyl 727 129HB153-SC4698 Page 25

728 (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 729 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(8) Alpha-methylthiofentanyl 730 (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- 731 phenylpropanamide); 732

(9) Benzethidine; 733

(10) Betacetylmethadol; 734

(11) Beta-hydroxyfentanyl 735 (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide); 736

(12) Beta-hydroxy-3-methylfentanyl (other name: 737 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N- 738 phenylpropanamide); 739

(13) Betameprodine; 740

(14) Betamethadol; 741

(15) Betaprodine; 742

(16) Clonitazene; 743

(17) Dextromoramide; 744

(18) Diampromide; 745

(19) Diethylthiambutene; 746

(20) Difenoxin; 747

(21) Dimenoxadol; 748

(22) Dimepheptanol; 749

(23) Dimethylthiambutene; 750

(24) Dioxaphetyl butyrate; 751

(25) Dipipanone; 752

(26) Ethylmethylthiambutene; 753 129HB153-SC4698 Page 26

(27) Etonitazene; 754

(28) Etoxeridine; 755

(29) Furethidine; 756

(30) Hydroxypethidine; 757

(31) Ketobemidone; 758

(32) Levomoramide; 759

(33) Levophenacylmorphan; 760

(34) 3-methylfentanyl 761 (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide); 762

(35) 3-methylthiofentanyl 763 (N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N- 764 phenylpropanamide); 765

(36) Morpheridine; 766

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); 767

(38) Noracymethadol; 768

(39) Norlevorphanol; 769

(40) Normethadone; 770

(41) Norpipanone; 771

(42) Para-fluorofentanyl 772 (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide; 773

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; 774

(44) Phenadoxone; 775

(45) Phenampromide; 776

(46) Phenomorphan; 777

(47) Phenoperidine; 778

(48) Piritramide; 779 129HB153-SC4698 Page 27

(49) Proheptazine; 780

(50) Properidine; 781

(51) Propiram; 782

(52) Racemoramide; 783

(53) Thiofentanyl 784 (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide; 785

(54) Tilidine; 786

(55) Trimeperidine. 787

(B) Narcotics-opium derivatives 788

Any of the following opium derivatives, including their 789 salts, isomers, and salts of isomers, unless specifically excepted 790 under federal drug abuse control laws, whenever the existence of 791 these salts, isomers, and salts of isomers is possible within the 792 specific chemical designation: 793

(1) Acetorphine; 794

(2) Acetyldihydrocodeine; 795

(3) Benzylmorphine; 796

(4) Codeine methylbromide; 797

(5) Codeine-n-oxide; 798

(6) Cyprenorphine; 799

(7) Desomorphine; 800

(8) Dihydromorphine; 801

(9) Drotebanol; 802

(10) Etorphine (except hydrochloride salt); 803

(11) Heroin; 804

(12) Hydromorphinol; 805 129HB153-SC4698 Page 28

(13) Methyldesorphine; 806

(14) Methyldihydromorphine; 807

(15) Morphine methylbromide; 808

(16) Morphine methylsulfonate; 809

(17) Morphine-n-oxide; 810

(18) Myrophine; 811

(19) Nicocodeine; 812

(20) Nicomorphine; 813

(21) Normorphine; 814

(22) Pholcodine; 815

(23) Thebacon. 816

Any material, compound, mixture, or preparation that contains 818 any quantity of the following hallucinogenic substances, including 819 their salts, isomers, and salts of isomers, unless specifically 820 excepted under federal drug abuse control laws, whenever the 821 existence of these salts, isomers, and salts of isomers is 822 possible within the specific chemical designation. For the 823 purposes of this division only, "isomer" includes the optical 824 isomers, position isomers, and geometric isomers. 825

(1) Alpha-ethyltryptamine (some trade or other names: 826 etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 827 3-(2-aminobutyl) indole; alpha-ET; and AET); 828

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other 829 names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine; 830 4-bromo-2,5-DMA); 831

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other 832 129HB153-SC4698 Page 29

833 names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; 834 alpha-desmethyl DOB; 2C-B, Nexus);

(4) 2,5-dimethoxyamphetamine (some trade or other names: 835 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); 836

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other 837 names: DOET); 838

(6) 4-methoxyamphetamine (some trade or other names: 839 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; 840 PMA); 841

(7) 5-methoxy-3,4-methylenedioxy-amphetamine; 842

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other 843 names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM" 844 and "STP"); 845

(9) 3,4-methylenedioxy amphetamine; 846

(10) 3,4-methylenedioxymethamphetamine (MDMA); 847

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as 848 N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl 849 MDA, MDE, MDEA); 850

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as 851 N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and 852 N-hydroxy MDA); 853

(13) 3,4,5-trimethoxy amphetamine; 854

(14) Bufotenine (some trade or other names: 855 3-(beta-dimethylaminoethyl)-5-hydroxyindole; 856 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 857 5-hydroxy-N, N-dimethyltryptamine; mappine); 858

(15) Diethyltryptamine (some trade or other names: N, 859 N-diethyltryptamine; DET); 860 129HB153-SC4698 Page 30

(16) Dimethyltryptamine (some trade or other names: DMT); 861

(17) Ibogaine (some trade or other names: 862 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano- 863 5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga); 864

(18) Lysergic acid diethylamide; 865

(19) Marihuana; 866

(20) Mescaline; 867

(21) Parahexyl (some trade or other names: 3-hexyl-1- 868 hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; 869 synhexyl); 870

(22) Peyote (meaning all parts of the plant presently 871 classified botanically as "Lophophora williamsii Lemaire," whether 872 growing or not, the seeds of that plant, any extract from any part 873 of that plant, and every compound, manufacture, salts, derivative, 874 mixture, or preparation of that plant, its seeds, or its 875 extracts); 876

(23) N-ethyl-3-piperidyl benzilate; 877

(24) N-methyl-3-piperidyl benzilate; 878

(25) Psilocybin; 879

(26) Psilocyn; 880

(27) Tetrahydrocannabinols (synthetic equivalents of the 881 substances contained in the plant, or in the resinous extractives 882 of Cannabis, sp. and/or synthetic substances, derivatives, and 883 their isomers with similar chemical structure and pharmacological 884 activity such as the following: delta-1-cis or trans 885 tetrahydrocannabinol, and their optical isomers; delta-6-cis or 886 trans tetrahydrocannabinol, and their optical isomers; 887 delta-3,4-cis or trans tetrahydrocannabinol, and its optical 888 isomers. (Since nomenclature of these substances is not 889 129HB153-SC4698 Page 31

890 internationally standardized, compounds of these structures, 891 regardless of numerical designation of atomic positions, are 892 covered.));

(28) Ethylamine analog of phencyclidine (some trade or other 893 names: N-ethyl-1-phenylcyclohexylamine; 894 (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; 895 cyclohexamine; PCE); 896

(29) Pyrrolidine analog of phencyclidine (some trade or other 897 names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP); 898

(30) Thiophene analog of phencyclidine (some trade or other 899 names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog 900 of phencyclidine; TPCP; TCP); 901

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; 902

(32) Hashish; 903

(33) Salvia divinorum; 904

(34) Salvinorin A. 905

(D) Depressants 906

Any material, compound, mixture, or preparation that contains 907 any quantity of the following substances having a depressant 908 effect on the central nervous system, including their salts, 909 isomers, and salts of isomers, unless specifically excepted under 910 federal drug abuse control laws, whenever the existence of these 911 salts, isomers, and salts of isomers is possible within the 912 specific chemical designation: 913

(1) Mecloqualone; 914

(2) Methaqualone. 915

(E) Stimulants 916

Unless specifically excepted or unless listed in another 917 129HB153-SC4698 Page 32

918 schedule, any material, compound, mixture, or preparation that 919 contains any quantity of the following substances having a 920 stimulant effect on the central nervous system, including their 921 salts, isomers, and salts of isomers:

(1) Aminorex (some other names: aminoxaphen; 922 2-amino-5-phenyl-2-oxazoline; or 923 4,5-dihydro-5-phenyl-2-oxazolamine); 924

(2) Cathinone (some trade or other names: 925 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 926 2-aminopropiophenone, and norephedrone); 927

(3) Fenethylline; 928

(4) Methcathinone (some other names: 929 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 930 2-methylamino)-1-phenylpropan-1-one; 931 alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; 932 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and 933 UR1432, its salts, optical isomers, and salts of optical isomers; 934

(5) (+/-)cis-4-methylaminorex 935 ((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine); 936

(6) N-ethylamphetamine; 937

(7) N,N-dimethylamphetamine (also known as 938 N,N-alpha-trimethyl-benzeneethanamine; 939 N,N-alpha-trimethylphenethylamine). 940 SCHEDULE II 941

(A) Narcotics-opium and opium derivatives 942

Unless specifically excepted under federal drug abuse control 943 laws or unless listed in another schedule, any of the following 944 substances whether produced directly or indirectly by extraction 945 from substances of vegetable origin, independently by means of 946 129HB153-SC4698 Page 33

947 chemical synthesis, or by a combination of extraction and chemical 948 synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or 949 preparation of opium or opiate, excluding apomorphine, 950 thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, 951 naloxone, and naltrexone, and their respective salts, but 952 including the following: 953

(a) Raw opium; 954

(b) Opium extracts; 955

(d) Powdered opium; 957

(e) Granulated opium; 958

(f) Tincture of opium; 959

(g) Codeine; 960

(h) Ethylmorphine; 961

(i) Etorphine hydrochloride; 962

(j) Hydrocodone; 963

(k) Hydromorphone; 964

(l) Metopon; 965

(m) Morphine; 966

(n) Oxycodone; 967

(o) Oxymorphone; 968

(p) Thebaine. 969

(2) Any salt, compound, derivative, or preparation thereof 970 that is chemically equivalent to or identical with any of the 971 substances referred to in division (A)(1) of this schedule, except 972 that these substances shall not include the isoquinoline alkaloids 973 129HB153-SC4698 Page 34

974 of opium;

(3) Opium poppy and poppy straw; 975

(4) Coca leaves and any salt, compound, derivative, or 976 preparation of coca leaves (including cocaine and ecgonine, their 977 salts, isomers, and derivatives, and salts of those isomers and 978 derivatives), and any salt, compound, derivative, or preparation 979 thereof that is chemically equivalent to or identical with any of 980 these substances, except that the substances shall not include 981 decocainized coca leaves or extraction of coca leaves, which 982 extractions do not contain cocaine or ecgonine; 983

(5) Concentrate of poppy straw (the crude extract of poppy 984 straw in either liquid, solid, or powder form that contains the 985 phenanthrene alkaloids of the opium poppy). 986

(B) Narcotics-opiates 987

Unless specifically excepted under federal drug abuse control 988 laws or unless listed in another schedule, any of the following 989 opiates, including their isomers, esters, ethers, salts, and salts 990 of isomers, esters, and ethers, whenever the existence of these 991 isomers, esters, ethers, and salts is possible within the specific 992 chemical designation, but excluding dextrorphan and 993 levopropoxyphene: 994

(1) Alfentanil; 995

(2) Alphaprodine; 996

(3) Anileridine; 997

(4) Bezitramide; 998

(5) Bulk dextropropoxyphene (non-dosage forms); 999

(6) Carfentanil; 1000

(7) Dihydrocodeine; 1001 129HB153-SC4698 Page 35

(8) Diphenoxylate; 1002

(9) Fentanyl; 1003

(10) Isomethadone; 1004

(11) Levo-alphacetylmethadol (some other names: 1005 levo-alpha-acetylmethadol; levomethadyl acetate; LAAM); 1006

(12) Levomethorphan; 1007

(13) Levorphanol; 1008

(14) Metazocine; 1009

(15) Methadone; 1010

(16) Methadone-intermediate, 1011 4-cyano-2-dimethylamino-4,4-diphenyl butane; 1012

(17) Moramide-intermediate, 1013 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; 1014

(18) Pethidine (meperidine); 1015

(19) Pethidine-intermediate-A, 1016 4-cyano-1-methyl-4-phenylpiperidine; 1017

(20) Pethidine-intermediate-B, 1018 ethyl-4-phenylpiperidine-4-carboxylate; 1019

(21) Pethidine-intermediate-C, 1020 1-methyl-4-phenylpiperidine-4-carboxylic acid; 1021

(22) Phenazocine; 1022

(23) Piminodine; 1023

(24) Racemethorphan; 1024

(25) Racemorphan; 1025

(26) Remifentanil; 1026

(27) Sufentanil. 1027 129HB153-SC4698 Page 36

Unless specifically excepted under federal drug abuse control 1029 laws or unless listed in another schedule, any material, compound, 1030 mixture, or preparation that contains any quantity of the 1031 following substances having a stimulant effect on the central 1032 nervous system: 1033

(1) Amphetamine, its salts, its optical isomers, and salts of 1034 its optical isomers; 1035

(2) Methamphetamine, its salts, its isomers, and salts of its 1036 isomers; 1037

(3) Methylphenidate; 1038

(4) Phenmetrazine and its salts. 1039

(D) Depressants 1040

Unless specifically excepted under federal drug abuse control 1041 laws or unless listed in another schedule, any material, compound, 1042 mixture, or preparation that contains any quantity of the 1043 following substances having a depressant effect on the central 1044 nervous system, including their salts, isomers, and salts of 1045 isomers, whenever the existence of these salts, isomers, and salts 1046 of isomers is possible within the specific chemical designation: 1047

(1) Amobarbital; 1048

(2) Gamma-hydroxy-butyrate; 1049

(3) Glutethimide; 1050

(4) Pentobarbital; 1051

(5) Phencyclidine (some trade or other names: 1052 1-(1-phenylcyclohexyl)piperidine; PCP); 1053

(6) Secobarbital; 1054

(7) 1-aminophenylcyclohexane and all N-mono-substituted 1055 129HB153-SC4698 Page 37

1056 and/or all N-N-disubstituted analogs including, but not limited 1057 to, the following:

(a) 1-phenylcyclohexylamine; 1058

(b) (1-phenylcyclohexyl) methylamine; 1059

(d) (1-phenylcyclohexyl) methylethylamine; 1061

(e) (1-phenylcyclohexyl) isopropylamine; 1062

(f) 1-(1-phenylcyclohexyl) morpholine. 1063

(E) Hallucinogenic substances 1064

(1) Nabilone (another name for nabilone: 1065 (+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 1066 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one); 1067

(2) Formaldehyde. 1068

(F) Immediate precursors 1069

Unless specifically excepted under federal drug abuse control 1070 laws or unless listed in another schedule, any material, compound, 1071 mixture, or preparation that contains any quantity of the 1072 following substances: 1073

(1) Immediate precursor to amphetamine and methamphetamine: 1074

(a) Phenylacetone (some trade or other names: 1075 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl 1076 ketone); 1077

(2) Immediate precursors to phencyclidine (PCP): 1078

(a) 1-phenylcyclohexylamine; 1079

(b) 1-piperidinocyclohexanecarbonitrile (PCC). 1080 SCHEDULE III 1081

(A) Stimulants 1082 129HB153-SC4698 Page 38

Unless specifically excepted under federal drug abuse control 1083 laws or unless listed in another schedule, any material, compound, 1084 mixture, or preparation that contains any quantity of the 1085 following substances having a stimulant effect on the central 1086 nervous system, including their salts, their optical isomers, 1087 position isomers, or geometric isomers, and salts of these 1088 isomers, whenever the existence of these salts, isomers, and salts 1089 of isomers is possible within the specific chemical designation: 1090

(1) All stimulant compounds, mixtures, and preparations 1091 included in schedule III pursuant to the federal drug abuse 1092 control laws and regulations adopted under those laws; 1093

(2) Benzphetamine; 1094

(3) Chlorphentermine; 1095

(4) Clortermine; 1096

(5) Phendimetrazine. 1097

(B) Depressants 1098

Unless specifically excepted under federal drug abuse control 1099 laws or unless listed in another schedule, any material, compound, 1100 mixture, or preparation that contains any quantity of the 1101 following substances having a depressant effect on the central 1102 nervous system: 1103

(1) Any compound, mixture, or preparation containing 1104 amobarbital, secobarbital, pentobarbital, or any salt of any of 1105 these drugs, and one or more other active medicinal ingredients 1106 that are not listed in any schedule; 1107

(2) Any suppository dosage form containing amobarbital, 1108 secobarbital, pentobarbital, or any salt of any of these drugs and 1109 approved by the food and drug administration for marketing only as 1110 a suppository; 1111 129HB153-SC4698 Page 39

(3) Any substance that contains any quantity of a derivative 1112 of barbituric acid or any salt of a derivative of barbituric acid; 1113

(4) Chlorhexadol; 1114

(5) Ketamine, its salts, isomers, and salts of isomers (some 1115 other names for ketamine: 1116 (+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone); 1117

(6) Lysergic acid; 1118

(7) Lysergic acid amide; 1119

(8) Methyprylon; 1120

(9) Sulfondiethylmethane; 1121

(10) Sulfonethylmethane; 1122

(11) Sulfonmethane; 1123

(12) Tiletamine, zolazepam, or any salt of tiletamine or 1124 zolazepam (some trade or other names for a tiletamine-zolazepam 1125 combination product: Telazol); (some trade or other names for 1126 tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some 1127 trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8- 1128 dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one; 1129 flupyrazapon). 1130

(1) Nalorphine. 1132

(D) Narcotics-narcotic preparations 1133

Unless specifically excepted under federal drug abuse control 1134 laws or unless listed in another schedule, any material, compound, 1135 mixture, or preparation that contains any of the following 1136 narcotic drugs, or their salts calculated as the free anhydrous 1137 base or alkaloid, in limited quantities as set forth below: 1138

(1) Not more than 1.8 grams of codeine per 100 milliliters or 1139 129HB153-SC4698 Page 40

1140 not more than 90 milligrams per dosage unit, with an equal or 1141 greater quantity of an isoquinoline alkaloid of opium;

(2) Not more than 1.8 grams of codeine per 100 milliliters or 1142 not more than 90 milligrams per dosage unit, with one or more 1143 active, nonnarcotic ingredients in recognized therapeutic amounts; 1144

(3) Not more than 300 milligrams of dihydrocodeinone per 100 1145 milliliters or not more than 15 milligrams per dosage unit, with a 1146 fourfold or greater quantity of an isoquinoline alkaloid of opium; 1147

(4) Not more than 300 milligrams of dihydrocodeinone per 100 1148 milliliters or not more than 15 milligrams per dosage unit, with 1149 one or more active, nonnarcotic ingredients in recognized 1150 therapeutic amounts; 1151

(5) Not more than 1.8 grams of dihydrocodeine per 100 1152 milliliters or not more than 90 milligrams per dosage unit, with 1153 one or more active, nonnarcotic ingredients in recognized 1154 therapeutic amounts; 1155

(6) Not more than 300 milligrams of ethylmorphine per 100 1156 milliliters or not more than 15 milligrams per dosage unit, with 1157 one or more active, nonnarcotic ingredients in recognized 1158 therapeutic amounts; 1159

(7) Not more than 500 milligrams of opium per 100 milliliters 1160 or per 100 grams or not more than 25 milligrams per dosage unit, 1161 with one or more active, nonnarcotic ingredients in recognized 1162 therapeutic amounts; 1163

(8) Not more than 50 milligrams of morphine per 100 1164 milliliters or per 100 grams, with one or more active, nonnarcotic 1165 ingredients in recognized therapeutic amounts. 1166

(E) Anabolic steroids 1167

Unless specifically excepted under federal drug abuse control 1168 129HB153-SC4698 Page 41

1169 laws or unless listed in another schedule, any material, compound, 1170 mixture, or preparation that contains any quantity of the 1171 following substances, including their salts, esters, isomers, and 1172 salts of esters and isomers, whenever the existence of these 1173 salts, esters, and isomers is possible within the specific 1174 chemical designation:

(1) Anabolic steroids. Except as otherwise provided in 1175 division (E)(1) of schedule III, "anabolic steroids" means any 1176 drug or hormonal substance that is chemically and 1177 pharmacologically related to testosterone (other than estrogens, 1178 progestins, and corticosteroids) and that promotes muscle growth. 1179 "Anabolic steroids" does not include an anabolic steroid that is 1180 expressly intended for administration through implants to cattle 1181 or other nonhuman species and that has been approved by the United 1182 States secretary of health and human services for that 1183 administration, unless a person prescribes, dispenses, or 1184 distributes this type of anabolic steroid for human use. "Anabolic 1185 steroid" includes, but is not limited to, the following: 1186

(a) Boldenone; 1187

(b) Chlorotestosterone (4-chlortestosterone); 1188

(d) Dehydrochlormethyltestosterone; 1190

(e) Dihydrotestosterone (4-dihydrotestosterone); 1191

(f) Drostanolone; 1192

(g) Ethylestrenol; 1193

(h) Fluoxymesterone; 1194

(i) Formebulone (formebolone); 1195

(j) Mesterolone; 1196 129HB153-SC4698 Page 42

(k) Methandienone; 1197

(l) Methandranone; 1198

(m) Methandriol; 1199

(n) Methandrostenolone; 1200

(o) Methenolone; 1201

(p) Methyltestosterone; 1202

(q) Mibolerone; 1203

(r) Nandrolone; 1204

(s) Norethandrolone; 1205

(t) Oxandrolone; 1206

(u) Oxymesterone; 1207

(v) Oxymetholone; 1208

(w) Stanolone; 1209

(x) Stanozolol; 1210

(y) Testolactone; 1211

(z) Testosterone; 1212

(aa) Trenbolone; 1213

(bb) Any salt, ester, isomer, or salt of an ester or isomer 1214 of a drug or hormonal substance described or listed in division 1215 (E)(1) of schedule III if the salt, ester, or isomer promotes 1216 muscle growth. 1217

(F) Hallucinogenic substances 1218

(1) Dronabinol (synthetic) in sesame oil and encapsulated in 1219 a soft gelatin capsule in a United States food and drug 1220 administration approved drug product (some other names for 1221 dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- 1222 129HB153-SC4698 Page 43

1223 6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or 1224 (-)-delta-9-(trans)-tetrahydrocannabinol). SCHEDULE IV 1225

(A) Narcotic drugs 1226

Unless specifically excepted by federal drug abuse control 1227 laws or unless listed in another schedule, any material, compound, 1228 mixture, or preparation that contains any of the following 1229 narcotic drugs, or their salts calculated as the free anhydrous 1230 base or alkaloid, in limited quantities as set forth below: 1231

(1) Not more than one milligram of difenoxin and not less 1232 than 25 micrograms of atropine sulfate per dosage unit; 1233

(2) Dextropropoxyphene 1234 (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- 1235 propionoxybutane)[final dosage forms]. 1236

(B) Depressants 1237

Unless specifically excepted under federal drug abuse control 1238 laws or unless listed in another schedule, any material, compound, 1239 mixture, or preparation that contains any quantity of the 1240 following substances, including their salts, isomers, and salts of 1241 isomers, whenever the existence of these salts, isomers, and salts 1242 of isomers is possible within the specific chemical designation: 1243

(1) Alprazolam; 1244

(2) Barbital; 1245

(3) Bromazepam; 1246

(4) Camazepam; 1247

(5) Chloral betaine; 1248

(6) Chloral hydrate; 1249

(7) Chlordiazepoxide; 1250 129HB153-SC4698 Page 44

(8) Clobazam; 1251

(9) Clonazepam; 1252

(10) Clorazepate; 1253

(11) Clotiazepam; 1254

(12) Cloxazolam; 1255

(13) Delorazepam; 1256

(14) Diazepam; 1257

(15) Estazolam; 1258

(16) Ethchlorvynol; 1259

(17) Ethinamate; 1260

(18) Ethyl loflazepate; 1261

(19) Fludiazepam; 1262

(20) Flunitrazepam; 1263

(21) Flurazepam; 1264

(22) Halazepam; 1265

(23) Haloxazolam; 1266

(24) Ketazolam; 1267

(25) Loprazolam; 1268

(26) Lorazepam; 1269

(27) Lormetazepam; 1270

(28) Mebutamate; 1271

(29) Medazepam; 1272

(30) Meprobamate; 1273

(31) Methohexital; 1274

(32) Methylphenobarbital (mephobarbital); 1275 129HB153-SC4698 Page 45

(33) Midazolam; 1276

(34) Nimetazepam; 1277

(35) Nitrazepam; 1278

(36) Nordiazepam; 1279

(37) Oxazepam; 1280

(38) Oxazolam; 1281

(39) Paraldehyde; 1282

(40) Petrichloral; 1283

(41) Phenobarbital; 1284

(42) Pinazepam; 1285

(43) Prazepam; 1286

(44) Quazepam; 1287

(45) Temazepam; 1288

(46) Tetrazepam; 1289

(47) Triazolam; 1290

(48) Zaleplon; 1291

(49) Zolpidem. 1292

Any material, compound, mixture, or preparation that contains 1294 any quantity of the following substances, including their salts, 1295 their optical isomers, position isomers, or geometric isomers, and 1296 salts of these isomers, whenever the existence of these salts, 1297 isomers, and salts of isomers is possible within the specific 1298 chemical designation: 1299

(1) Fenfluramine. 1300

(D) Stimulants 1301 129HB153-SC4698 Page 46

Unless specifically excepted under federal drug abuse control 1302 laws or unless listed in another schedule, any material, compound, 1303 mixture, or preparation that contains any quantity of the 1304 following substances having a stimulant effect on the central 1305 nervous system, including their salts, their optical isomers, 1306 position isomers, or geometric isomers, and salts of these 1307 isomers, whenever the existence of these salts, isomers, and salts 1308 of isomers is possible within the specific chemical designation: 1309

(1) Cathine ((+)-norpseudoephedrine); 1310

(2) Diethylpropion; 1311

(3) Fencamfamin; 1312

(4) Fenproporex; 1313

(5) Mazindol; 1314

(6) Mefenorex; 1315

(7) Modafinil; 1316

(8) Pemoline (including organometallic complexes and chelates 1317 thereof); 1318

(9) Phentermine; 1319

(10) Pipradrol; 1320

(11) Sibutramine; 1321

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]. 1322

(E) Other substances 1323

Unless specifically excepted under federal drug abuse control 1324 laws or unless listed in another schedule, any material, compound, 1325 mixture, or preparation that contains any quantity of the 1326 following substances, including their salts: 1327

(1) Pentazocine; 1328 129HB153-SC4698 Page 47

(2) Butorphanol (including its optical isomers). 1329 SCHEDULE V 1330

(A) Narcotic drugs 1331

Unless specifically excepted under federal drug abuse control 1332 laws or unless listed in another schedule, any material, compound, 1333 mixture, or preparation that contains any of the following 1334 narcotic drugs, and their salts, as set forth below: 1335

(1) Buprenorphine. 1336

(B) Narcotics-narcotic preparations 1337

Narcotic drugs containing non-narcotic active medicinal 1338 ingredients. Any compound, mixture, or preparation that contains 1339 any of the following narcotic drugs, or their salts calculated as 1340 the free anhydrous base or alkaloid, in limited quantities as set 1341 forth below, and that includes one or more nonnarcotic active 1342 medicinal ingredients in sufficient proportion to confer upon the 1343 compound, mixture, or preparation valuable medicinal qualities 1344 other than those possessed by narcotic drugs alone: 1345

(1) Not more than 200 milligrams of codeine per 100 1346 milliliters or per 100 grams; 1347

(2) Not more than 100 milligrams of dihydrocodeine per 100 1348 milliliters or per 100 grams; 1349

(3) Not more than 100 milligrams of ethylmorphine per 100 1350 milliliters or per 100 grams; 1351

(4) Not more than 2.5 milligrams of diphenoxylate and not 1352 less than 25 micrograms of atropine sulfate per dosage unit; 1353

(5) Not more than 100 milligrams of opium per 100 milliliters 1354 or per 100 grams; 1355

(6) Not more than 0.5 milligram of difenoxin and not less 1356 than 25 micrograms of atropine sulfate per dosage unit. 1357 129HB153-SC4698 Page 48

Unless specifically exempted or excluded under federal drug 1359 abuse control laws or unless listed in another schedule, any 1360 material, compound, mixture, or preparation that contains any 1361 quantity of the following substances having a stimulant effect on 1362 the central nervous system, including their salts, isomers, and 1363 salts of isomers: 1364

(1) Ephedrine, except as provided in division (K) of section 1365 3719.44 of the Revised Code; 1366

(2) Pyrovalerone." 1367

In line 131060, after "2941.41," insert "2925.03," 1368

In line 131094, after "3719.141," insert "3719.41," 1369

In line 98 of the title, after "2921.41," insert "2925.03," 1370

In line 145 of the title, after "3719.141," insert "3719.41," 1371

The motion was ______agreed to.

SYNOPSIS

Formaldehyde as a Schedule II Controlled Substance 1372

R.C. 2925.03 and 3719.41 1373

Classifies formaldehyde as a Schedule II controlled 1374 substance. Enacts the offense of trafficking in formaldehyde and 1375 sets the penalties for violations of the offense. 1376